Workers’ Compensation

Will I have to attend a hearing for my workers’ comp claim in Des Moines?

If you were injured at work, and filed a claim for workers’ compensation benefits, you may be confused about what happens next. Do you need to go to court? Will you appear in front of a judge? Do you need an attorney?  Workers’ compensation claims are filed with the Division of Workers’ Compensation in Des Moines. Most claims do not require a hearing, but some will if there is a dispute. If you have been injured at work and are worried about what happens after you file your claim, read on to learn what you can expect in a workers’ compensation hearing.  When do workers’ compensation claims require a hearing?  After filing your initial petition for disability benefits, your employer, your employer’s insurance and your ... Read More »

What are the scheduled member disabilities for permanent partial disability benefits?

If you suffered injury in the course of your employment, you may be entitled to compensation for your injury. If your injury is permanent but you are capable of working, you could receive permanent partial disability (PPD) benefits designed to compensate you for the lasting injury.  Iowa provides a list of scheduled members that refer to the particular body part injured or impaired. Each body part has a number of weeks attached to it that dictates for how long you will receive benefits.  What types of injuries are eligible for scheduled member PPD benefits? PPD benefits are available to Des Moines workers who have permanently lost the use of a body part listed as a scheduled member by the Iowa Workers’ Compensation Commission (WCC) as ... Read More »

What are the unscheduled, or body as a whole, disabilities for permanent partial disability?

Permanent injuries to the back, neck, or hips are classified as unscheduled, or body as a whole, disabilities under Iowa’s workers’ compensation laws. Des Moines workers who permanently injured an unscheduled member – that is, a body part not listed as a scheduled member – can still recover permanent partial disability (PPD) benefits.  What is a permanent partial disability?  A permanent partial disability is an injury that is permanent but does not totally prevent the injured person from eventually returning to work.  For example, losing a finger is a permanent disability, but a person’s ability to work most jobs is only partially limited.  What are unscheduled, or whole body disabilities?  There are two types of PPD benefits: scheduled member benefits, and unscheduled whole body benefits. ... Read More »

What is permanent total disability?

Permanent total disability benefits are provided via Iowa workers’ compensation. They are awarded when an employee in Des Moines suffers an on-the-job injury that prevents him or her from returning to gainful employment.  How long will I be eligible for permanent total disability benefits?  Iowa Code 85.34(3) outlines the parameters for permanent total disability (PTD) benefits. According to these guidelines, you will receive PTD benefits as long as you are permanently disabled and unable to return to work.  When do permanent total disability benefits kick in?  There is no waiting period for permanent total disability, unlike other types of workers’ compensation disability benefits. Benefits begin from the date of injury.  How much money will I get through PTD benefits?  PTD benefits entitle you to 80 ... Read More »

What is the healing period?

The healing period is the time an employee recuperates after suffering an on-the-job injury or illness. The healing period, as defined by Iowa Code 85.34(1), may indicate the recuperation period associated with an on-the-job accident that results in permanent injury. Healing period (HP) benefits are available to Des Moines workers via Iowa workers’ compensation.  Am I eligible for healing period benefits?  Injured or ill employees are eligible for Healing Period benefits as they recover from a work-related illness or on-the-job accident, provided the injury resulted in a permanent impairment.  How much money am I entitled to through healing period benefits?  You will be eligible for 80 percent of your “spendable weekly earnings.” This is based on your post-tax, “take home” pay. This number cannot exceed ... Read More »

What is temporary partial disability?

Temporary partial disability (TPD) is a weekly benefit offered through Iowa workers’ compensation. TPD, as outlined in Iowa Code 85.32(2) to (5), is payable to injured workers able to return to work but in a lower-paid position. The pay decrease must be attributed to injury in order to qualify for TPD benefits.  For example, consider an injured construction worker in Des Moines who typically oversees crane operations. He may be able to return to work after a few weeks of recovery. However, instead of assuming his specialty position, he must take on a lower-paid job that is less physically demanding.  This worker likely would qualify for TPD payments. Below are some of the key points to understand about Iowa workers’ compensation TPD benefits.  Am I ... Read More »

Do you have to take sick leave for workers’ compensation?

You do not have to take sick leave if you’re unable to work and are collecting workers’ compensation benefits. Iowa law is very clear on this. In fact, collecting pay via workers’ comp disability (rather than using up your sick leave or vacation time) is one of the goals of the workers’ comp system.  You Still Have the Option of Using Sick Leave  Workers’ comp disability payments are only a percentage of a workers’ full pay. It can be hard for some workers to make ends meet with workers’ comp benefits alone.   You retain the right to use your sick leave and/or vacation time in addition to drawing workers’ comp benefits. It’s not mandatory that you do so, but workers might use this option to ... Read More »

Understanding How Video Surveillance after an Accident Can Impact Your Workers’ Comp Case

Employers and workers’ comp insurance companies might use video and other forms of surveillance to discredit employee claims. Workers’ comp fraud costs about $5 billion a year, so it’s not without reason that they investigate the truthfulness of employees’ claims.  However, it’s not only employees who are involved in fraud; sometimes employers try to circumvent the law and wrongly deny valid claims. Oftentimes, they take the video footage out of context or blow it out of proportion, ruining an injured worker’s chances compensation.  Employers’ Motivation for Using Surveillance  Why do employers or their insurance companies use surveillance tactics? They might tell you it’s to verify the authenticity of a worker’s claim. But in some cases they do it to find a way to bust the ... Read More »

What is temporary total disability?

Temporary total disability is when an injured worker is totally unable to work for a period of time. During this span of time, an employee cannot return to a lower-paying job or light-duty work. As a result, the employee may be entitled to workers’ compensation disability benefits.  What benefits are available to an employee with temporary total disability?  Temporary total disability (TTD) benefits are payable when an injury prevents an employee from working for more than three days. These benefits start on the fourth day of disability and continue until whichever of the following occurs first: the employee returns to work or is medically capable of returning to employment significantly similar to the original job.  If the disability lasts longer than 14 days, the three-day ... Read More »

What does maximum medical improvement mean?

Maximum medical improvement (MMI) means that someone has reached the point in which his/her medical condition isn’t expected to get better, change or progress, even with additional care or treatment. In other words, the condition is stabilized.  This can be a huge source of contention in a workers’ compensation case for several reasons. As a result, it may necessitate assistance from a lawyer.  How does maximum medical improvement impact a workers’ compensation claim?  One impact it can have on a worker’s comp case is that temporary benefits may only be available until the injured worker has reached MMI. Whether it’s temporary total or temporary partial disability, these benefits end when the employee returns to work. It could be a return to the same job or ... Read More »

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